Union Membership

News & Analysis as of

What is The “Right To Work”?

With a bill signed into law last month, Wisconsin became the nation’s 25th “right to work” state. In this context, right-to-work means the right of an employee of a unionized company to retain his job even if he chooses not...more

Search Of Company Vehicle Not Employee Interview Triggering Weingarten Rights, NLRB Division of Advice

The scope of a union-represented employee’s right to have a union representative present during an investigatory interview is one of the more interesting areas of labor law. Even though most people who practice labor...more

North Carolina Keeps Union-Free Crown

It's official. North Carolina has retained the distinction of being the most union-free state in the nation. According to the Bureau of Labor Statistics, only 1.9 percent of workers in the state were members of unions...more

NLRB In ConAgra Ruling Signals What May Be Solicitation

The National Labor Relations Board recently decided that discipline of an employee for violation of the employer’s nonsolicitation policy was unlawful, even though the employee engaged in union-related discussion and the...more

NRLB Significantly Alters Framework for Analyzing Jurisdiction over Private College and University Faculty

Recently, the National Labor Relations Board (NLRB) issued its decision in Pacific Lutheran University and Services Employees International Union (Pacific Lutheran). In a ruling that could expand union formation among faculty...more

Employees Must Be Permitted to Use Their Employer Email Systems for Nonwork Purposes — Right to Wear Union Insignia Is Expanded

Reversing well established precedent, on December 11, 2014, the National Labor Relations Board (NLRB or the Board) held that employees that have been given access to their employers’ email systems, must be permitted to use...more

Did You Know…Cybersecurity Made More Complicated by the NLRB

The National Labor Relations Board has recently inserted itself into the world of cybersecurity after the United States Postal Service suffered a security breach involving the personal data of several hundred thousand of its...more

Volkswagen Adopts "European-Style" Labor Engagement Policy for Chattanooga . . . But Will It Stall?

Last week, Volkswagen Group of America announced a "Community Organization Engagement" policy that will allow labor organizations to engage in what the company calls "constructive dialogue" with the company and employees at...more

Indiana Supreme Court Upholds Right–to-Work Law

The debate over the constitutionality of Indiana’s right-to-work law may finally be over. In Zoeller v Sweeney (No. 45S00-1309-PL-596, November 6, 2014), the Indiana Supreme Court reversed a lower court ruling that had held...more

Indiana Supreme Court Upholds Right to Work Law

The Indiana Supreme Court has reversed a July 2014 ruling by Lake Superior Court Judge John M. Sedia that two provisions of the Indiana Right to Work (RTW) law are unconstitutional. In a 5-0 decision, written by Justice...more

Quirky Question #245, Last chance agreements

We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on...more

"Turning Up the Heat" – Organizing Efforts in the South

It is no coincidence that the incredible resurgence of manufacturing in the Southeastern United States occurred in the absence of unionized facilities. Automotive, aerospace, and appliance manufacturers have flocked to the...more

NLRB Rejects Opportunity

On September 30, 2014, the NLRB rejected the opinion of the District of Columbia Circuit in FedEx Home Delivery v. NLRB, 563 F.3d 492 (D.C. Cir. 2009) and found that an individual’s entrepreneurial opportunity for gain or...more

Withdrawal Liability - A Concealed but Potentially Devastating Assessment

During the past several years a hidden liability has been lurking in the shadows. This hidden threat is known as withdrawal liability and is a critical issue that any employer with a unionized workforce needs to be cognizant...more

New Kazakhstan Law on Trade Unions and Amendments to the Labour Code

Under the new law, trade unions are limited and monitored. New Law No. 211-V of the Republic of Kazakhstan on Trade Unions, dated 27 June 2014, (the Law) has been adopted in Kazakhstan. The Law came into force on 11...more

Mississippi's Right to Work State Status Made Stronger with Three New Bills

Mississippi's current Constitution, adopted in 1890, confirmed the State's intention to be a "right to work" state: It is hereby declared to be the public policy of Mississippi that the right of a person or persons to...more

Invalid NLRB Recess Appointments Mean Controversial Decisions Get a Second Look

In Noel Canning, the U.S. Supreme Court unanimously decided that President Obama’s January 2012 recess appointments to the National Labor Relations Board (“NLRB” or the “Board”) violated the Constitution. Non-union and union...more

Newark Sick Leave Law Update

The Newark Department of Child and Family Well-Being (Department) recently issued a press release on the City's new paid sick leave ordinance (Ordinance) together with FAQ forms for employees and employers. In the release,...more

NLRB ALJ Rules That An Interim Grievance Procedure Does Not Require An Arbitration Option

In a decision issued last week, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board (“NLRB”) ruled that an interim grievance procedure between an employer and a newly-certified union did not have to...more

Bankruptcy Court Dismisses Class Action DFR Complaint Involving Airline Merger

One deliberately ironic facet of the 2004 film Howard Hughes bio-pic The Aviator (the one with Leonardo DiCaprio) is the fact that the airlines fighting for world dominance in the 1940s were Howard Hughes’ TWA and Juan...more

Healthcare Employers Must Be Consistent When Restricting Union Buttons and Other Insignia

The National Labor Relations Board ("NLRB" or "Board") recently held that a healthcare employer violated the National Labor Relations Act (NLRA) by prohibiting employees from wearing union protest stickers. See HealthBridge...more

The Changing Faces of Unions, Part II

As if to accentuate the timeliness of last week’s post on the surge in non-traditional union organizing, adjunct faculty organizing in the Twin Cities has been in the news again this past week. The Service Employees...more

NLRB Division of Advice Clarifies Duty to Bargain with Newly Certified Union over Discipline

Last week, the National Labor Relations Board’s Division of Advice issued a memorandum in which it clarified an employer’s duty to bargain with a newly certified union regarding the discipline of union-represented employees...more

Act Now Advisory: Unions Swim Against the Tide as Pension Issues Surface for Negotiations and Organizing

Contributions to multiemployer defined benefit pension plans have been a mainstay, legacy feature of union negotiations in many industries. But the fabric of such staples may be tearing apart as employers contemplate the...more

CFPB Employee Review Disparities Go Beyond Race

The American Banker reported this week that the CFPB released an internal report that shows the disparities in employee evaluations on which we previously reported go beyond race. The report showed “statistically significant...more

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